Proposition 8 is Unconstitutional!
The fight in California is far from over, and the battle in New York is still underway, but we must not lose sight of this momentous occasion.
Never before has a federal court declared so clearly that marriage discrimination is irrational and unconstitutional.
Judge Walker’s decision cites both the Due Process and Equal Protection clauses from the 14th Amendment as the reasons why Proposition 8 is unconstitutional. This is an important moment for our community as a federal court has cited the constitution as a protection of our relationships. But Judge Walker does not stop there. He probes in depth the facts that the supporters of Proposition 8 attempted to use to strip LGBT people of the basic right to marry. To his credit, Judge Walker systematically proves how absurd and unfounded those purported facts are establishing in a critical legal opinion the unassailable, constitutional rights of the LGBT community. His decision rests on the lack of any rational basis for California to have a law banning same-sex marriage.
We at the Center work for a day where LGBT New Yorkers can enjoy the same rights and protections as our straight counterparts. This ruling helps set the stage for future victories. As this fight continues, there will be ups and downs for our movement, but it is important to celebrate as a community when we have a victory such as this!
Please accept our sincere congratulations to the LGBT people and our allies who helped make equality more of a reality for all couples and families.